Section 4: Mandatory Training Requirements

Background

In order to better manage its professional services contracting programs, TxDOT has established mandatory training requirements for employees who are involved with the development or management of professional services contracts and work authorizations subject to Tex. Gov’t Code ch. 2254 and scientific services contracts and work authorizations subject to Tex. Transp. Code ch. 223, as well as the signatories to those contracts and work authorizations.
For purposes of this mandatory training,
contract and work authorization development
 includes at least one of the following:
  • Assessment of need,
  • Development and review of specification,
  • Development and review of scopes of work,
  • Identification and selection of procurement methods,
  • Identification and preparation of evaluation criteria,
  • Preparation of and advertising solicitation documents,
  • Tabulation of respondent bids,
  • Evaluation of respondent proposals, statements of qualifications, or interviews,
  • Negotiations, and
  • Preparation and completion of contract and work authorization documents.
For the purposes of this mandatory training, contract and work authorization management includes at least one of the following:
  • Assessment of risk,
  • Verification of contractor performance,
  • Monitoring compliance with deliverable and reporting requirements,
  • Enforcement of contract terms,
  • Monitoring and reporting of vendor performance, and
  • Ensuring the contract performance and practice are consistent with applicable rules and laws.

Applicability

The professional and scientific services training requirements apply to certain employees involved with professional or scientific services contracts with maximum amounts payable of $1 million or more, including work authorizations for those contracts (collectively referred to as “applicable contracts or work authorizations”). Below is a non-exhaustive list of TxDOT employees to whom these training requirements apply:
  • All employees who make decisions or recommendations with regard to procurement, negotiation, or management of applicable contracts or work authorizations,
  • Contract development team members for applicable contracts,
  • Employees with signature authority for an applicable contract or work authorizations,
  • Project Managers for applicable contracts or work authorizations,
  • Contract Administrators/Managers for all applicable contract or work authorizations,
  • Selection team members for applicable contracts,
  • Negotiators for applicable contracts or work authorizations, and
  • Employees who approve deliverables for applicable contracts or work authorizations.

TxDOT-Required Training

Employees subject to TxDOT’s professional and scientific services training requirements must participate in a series of courses addressing the following topics.
  • Contract Fundamentals,
  • Contract Law,
  • Contract Types,
  • Standard Terms and Conditions,
  • Signature Authority,
  • Solicitation Process,
  • Scopes of Work,
  • Fee Schedules,
  • Negotiations,
  • Risk Analysis,
  • Contract Management,
  • Contract Ethics

Best Value- and Qualifications-Based Procurement Training

The Contract Services Division manages the training requirements for employees involved with best value-based contracts, including scientific services, right of way acquisition, and real estate appraisal contracts. A list of the mandatory training courses for these employees is located on the Contract Services Crossroads Page under the
Training Section
.
The Professional Engineering Procurement Services (PEPS) Division manages the training requirements for employees involved with qualifications-based contracts, including engineering, architecture, and survey contracts. A list of the mandatory training courses for each employee is based on the role that the employee is performing.
Employees subject to TxDOT’s professional and scientific services training requirements must complete the required training as soon as possible when assigned their role, and at least every five years thereafter. Each District and Division is responsible for tracking their employees’ compliance with these training requirements.

Statewide Training

In accordance with Tex. Gov’t Code §656.051 and 34 TAC §20.133, employees must be certified as a Certified Texas Contract Developer (CTCD) to engage in contract development functions for professional or scientific services contracts. CTCD training and certification is managed by the Texas Comptroller of Public Accounts (CPA). The specific course requirements and exam information can be found on the CPA’s website.
Each District and Division is responsible for tracking their employees’ compliance with these training requirements.

Other Required Training

If an employee is a contract manager for a contract that is not subject to TxDOT’s contract claims process (i.e. purchase orders), then the employee is required to be a Certified Texas Contract Manager (CTCM). In accordance with Tex Gov’t Code §§656.051 and 656.052 and 34 TAC §20.133, the employee must take the required classes and pass an examination offered by the CPA’s Statewide Procurement Division to become a CTCM.
Each District and Division is responsible for tracking their employees’ compliance with these training requirements.